Mistake When Enrolling

[Guest Zia]

I also posted this under Health Care Policy - but realized it might be more appropriate to post under Cafeteria Plans.

When a participant makes a "mistake" during benefits enrollment - we have the person complete an affidavit describing the mistake in detail and signing the document.

We would like to eliminate the paper - and use our recorded phone lines - using a script and having the person agree that this is a true notation of the enrollment mistake. The calls will be archived and we can pull the recording if audited.

We are getting push back from outside counsel...and I am trying to weigh the risks. If recorded phone lines can be used to accept enrollments - why can't they be used to record a "mistake" in the enrollment?

Any thoughts out there?

Thanks.

[QDROphile]

It is more difficult to control the message when it is not scripted. Not that anyone is inclined to lie, but the best presentation, without distraction, is helpful in such situation when credibility and nuance can be very important.

[Chaz]

An employee affidavit (whether in writing or recorded) of a "mistake" is not sufficient in and by itself to revoke an election. If I was outside counsel I would push back on more than just the recorded phone call aspect.

[masteff]

But do you see any reason to not accept recorded phone calls (and the transcripts of them) as corroborating evidence? It's more reliable than a person's memory of a conversation.

[Chaz]

I don't have any theoretical objection to the concept of it and obviously you want to document the circumstances of election changes. I would need to know more facts, however, to come to a firmer conclusion.